PC RES 2014-009 P.C. RESOLUTION NO. 2014-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A REVISION TO A SITE PLAN REVIEW AND
GRADING PERMIT, CONSISTENT WITH THE CALIFORNIA
COASTAL COMMISSION COASTAL DEVELOPMENT PERMIT
NO, A-5-RPV-12-350 FOR THE CONSTRUCTION OF A NEW
10,382 SQUARE FOOT,TWO-STORY RESIDENCE WITH A 977
SQUARE FOOT GARAGE ON A VACANT DOWNSLOPING
LOT, THE PROJECT ALSO INCLUDES A TOTAL OF 3,884
CUBIC YARDS OF CUT, 96 CUBIC YARDS OF FILL, AND
THREE (3) ASSOICATED RETAINING WALLS ON A
PROPERTY LOCATED AT 3344 PALOS VERDES DRIVE WEST
(CASE NO ZON2012-00141).
WHEREAS, on April 24, 2012, the property owner, Davi Khosla, submitted applications
for Planning Case No. ZON2012-00141 for a Site Plan Review, Grading Permit and Coastal
Permit for approval to construct a new home on a vacant residential property; and,
WHEREAS, on May 14, 2012„ Staff completed the initial review of the application, at
which time the application was deemed incomplete due to missing information on the project
plans; and,
WHEREAS, on July 9, 2012,the application for Planning Case No. ZON2012-00141 was
deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq, ("CEQA"), the State's CEQA Guidelines, California
Code of Regulations, Title 14, Section 15000 et, seq., the City's Local CEQA Guidelines, and
Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff
found no evidence that the approval of the requested applications would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303(a); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing on
August 14, 2012, at which'time the public hearing was continued to September 25,2012 to allow
Staff and the Applicant time to research any benefits of reducing the proposed ridgeline by V-9"
and any reduction in overall grading, and;
WHEREAS, on September 25, 2012, the Planning Commission approved Case No.
ZON2012-00141 and adopted P,C. Resolution No. 2012-16, conditionally approving a Site Plan
Review, Grading Permit and Coastal Permit for the construction of a new 10,382 square foot,
two-story residence with a 1,027 square foot garage, a total of 2,988 cubic yards of excavation,.
218 cubic yards of fill, and four (4) retaining walls associated with the development of the
property; and,
WHEREAS, on September 26, 2012, a City„Notice of the Decision" memorializing the
Planning Commission's decision was malted to the applicant, all interested parties who
submitted comments or attended the September 25, 2012 Planning Commission meeting, and
the Coastal Commission. The Notice of Decision described the approved project and applicable
Coastal Permit findings, and noted a fifteen (15) day appeal period for any interested party to
appeal the project to the City Council, The appeal period expired on October 10, 2012. No
appeal was filed with the City; and,
WHEREAS, on October 16, 2012, after all City appeal periods were exhausted and
pursuant to RPV Municipal Code Section 17.72,070(E), the City provided a notice of its final
action ("Notice of Final Decision') by first-class mail to the Coastal Commission and interested
parties. The October 16, 2012 Notice of Final Decision concluded that the project was in the
non-appealable area of the City's Coastal Specific Plan District, pursuant to the maps available
at City Hall; and,
WHEREAS, on October 29, 2012, the California Coastal Commission sent the City a
"Notice of Deficient Notice,"noting that the subject property was located in an appealable area
of the City's Coastal Specific Plan District, not a non-appealable area, and notified the City that
its action was suspended and the Coastal Commission's appeal period would not commence
until a sufficient notice of action was received; and,
WHEREAS, on December 10, 2012, following multiple conversations between the City
Staff, Coastal Commission Staff,the City Attorney and the Applicant, the City reissued a Notice
of Final Decision noting that the project was located within the appealable area of the City's
Coastal Specific Plan District. The notice included the procedures for appeal of the City's local
decision (Planning Commission approval) to the Coastal Commission. Subsequently, the
Coastal Commission provided a "Notice of Appeal Period" (attached) which noted that the
Coastal Commission appeal period expired on December 27, 2012; and,
WHEREAS, on January 2, 2013, the City received notice that the proposed project was
appealed within a timely manner, on December 27, 2013, by two (2) Coastal Commissioners
(Commissioner Brennan and Commissioner Shallenberger) noting concerns that the proposed
project raises an issue as to the consistency with the visual resources protection policies of the
Rancho Palos Verdes certified Local Coastal Plan (LCP), Specifically, the Coastal Commission
had concerns that the approved project would have a significant adverse impact on existing
protected ocean views available from Palos Verdes Drive West across the vacant, residential
project site. Additionally, the Coastal Commission opined that the City did not consider other
feasible design alternatives to reduce potential visual impacts as seen from Palos Verdes Drive
West; and,
WHEREAS, between January 2013 and September 2013, the applicant discussed
potential design modifications to the projectwith the Coastal Commission Staff in an attemptto
address the view impact concerns raised in the Coastal Commission's appeal, Ultimately, as a
result of these discussions, the applicant and Coastal Commission Staff agreed upon a revised
project design that would allow the Coastal Commission to withdraw its appeal. In an effort to
address the Coastal Commission Staff's concerns with the project, the applicant submitted a
revised project to the City which was reviewed and approved by the Planning Commission on
P.C. Resolution No, 2014-09
Page 2 of 13
October 8, 2013 (5-2, with Commissioners Tetreault and Emenhiser dissenting). The Planning
Commission's decision on the revised project was subsequently appealed to the City Council by
a number of City residents; and,
WHEREAS, on November 5, 2013, Staff received a letter of withdrawal from the
applicant stating that they were formally withdrawing the revised project that was approved by
the Planning Commission on October 8, 2013, The applicant noted that they were instead going
to move for-ward with their original application that was before the California Coastal
Commission on appeal from the September 25, 2012 Planning Commission approval, As a
result, the October 8, 2013 Planning Commission decision on the revised project became null
and void, and the appeal hearing before the City Council did not occur. A letter was sent to the
appellants on November 6, 2013, informing them of the recent withdrawal and their rights to be
able to submit comments and/or attend the Coastal Hearing on the project" and,
WHEREAS, on December 12, 2013, the California Coastal Commission,at their Coastal
Hearing, made a determination that the proposed project raised a "substantial issue" and
therefore brought forth a de novo hearing of the appeal of the September 25, 2012 Planning
Commission decision. Afull account of the California Coastal Commission substantial issue and
de novo appeal Staff report and record are attached for the Planning Commission's reference,
In summary, as a result of reviewing the merits of the project,the California Coastal Commission
required the applicant to reduce the height of the maximum ridgeline of the residence to an
elevation of 272.50'. The California Coastal Commission also imposed specific conditions of
approval that relate to the landscaping proposed to be installed and maintained throughout the
property, The City of Rancho Palos Verdes received the California Coastal Commission's
Notification of Final Appeal Action on January 3, 2014. The California Coastal Commission
imposed specific conditions on the Coastal Development Permit as outlined in the California
Coastal Commission Notice of Intent to Issue a Permit,- and,
WHEREAS, after receiving the Notice of Intent to Issue a Permit from the California
Coastal Commission, the City scheduled a public hearing to make the City's permits (Grading
Permit and Site Plan Review) conform to the project approved by the California Coastal
Commission, Therefore, on January 20, 2014, Staff mailed notices to 56 property owners within
a 500-foot radius of the subject property, interested parties and the California Coastal
Commission, providing a 15-day time period forthe submittal of comments and concerns related
to the grading permit and site plan review application. In addition, a Public Notice was published
in the Peninsula News on January 23, 2014.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission does hereby find that a Revision to the Site
Plan Review can be approved as the revised 10,382 square foot residence, 977 square foot
garage, pool, spa and other ancillary improvements (trellis, firepit, BBQ, and covered entry)
comply with the required residential setback standards, lot coverage and maximum allowable
heights as presented in the Development Code for the RS-1 zoning district. Specifically, the
P.C. Resolution No, 2014-09
Page 3 of 13
proposed improvements will meet the required 20-foot front yard setback, 5-foot side yard
setbacks and 15-foot rear yard setbacks, as well as the maximum 25% lot coverage.
Section 2: The Planning Commission makes the following findings of fact in order to
approve the Revision to the Grading Permit to allow the construction of a new residence and
other ancillary improvements because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential. The
proposed grading is necessary and the best alternative to accommodate the proposed
residence and improvements on the 1-acre vacant lot.A total of 3,884 cubic yards of cut
will be conducted on the property along with the construction of retaining walls in orderto
construct the residence with a lowered finished grade and level the front and rear yard
areas.. More specifically, 1,737 cubic yards of cut will be conducted beneath the entirety
of the new residence, 679 cubic yards of cut for the construction of a driveway, 237 cubic
yards of cut to create a level courtyard at the front of the residence, and 1,231 cubic
yards of cut at the rear of the residence for the new pool and landscaped rear yard.As
there is a gentle slope on a majority of the existing property, the applicant will be filling a
nominal amount of dirt (96 cubic yards) within the formal courtyard at the front of the
residence and a small portion of the rear yard. Based on an aerial survey of other homes
within the immediate neighborhood, it appears that a majority of the homes utilize
excavation and retaining walls to accommodate a home and useable yard area.
B. The grading would not significantly adversely affect the visual relationships with nor
views from the viewing area of neighboring properties as the proposed retaining walls
will follow the existing contours as seen from the street and neighboring proper-ties. A
total of three (3) retaining walls are proposed around the property, in addition to other
garden walls that are below 3'-0" in height. Two (2) of the retaining walls will be upslope
retaining walls and will not be easily visible from other properties or the public right-of-
way. A third retaining wall will reach a maximum height of 3'-0" in the rear yard of the
property.Although the height of the retaining wall is minimal in terms of visual impacts, a
condition of approval has been added to provide landscaping along the west side of the
rear yard wall to adequately screen the appearance of the retaining wall as seen from
residences within the Lunada Pointe community. With regard to the finished grade
beneath the structure, due to the fact that the applicant is excavating beneath the new
residence, the finished grade will ultimately be lowered. As such, the height of the
residence will be lower than a residence that could have been built in the same location.
C, The proposed grading which accommodates the new residence and development of the
single-family residential lot minimizes disturbance to the natural contours and finished
contours are reasonably natural.Any disturbances to the existing contours are relatively
minor and are necessary to allow for construction of a new residence, vehicular access,
and useable rear yard area, The existing contours outside of the graded area and
retaining walls will be maintained. Further, the vacant lot is zoned for residential
development, and can accommodate a new single-family residence,
P.C. Resolution No. 2014-09
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D, The grading takes into account the preservation of natural topographical features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. The majority of the proposed grading will
accommodate a new single-family residence, driveway and usable rear yard area. The
grade elevations and natural topographical contours surrounding the proposed retaining
walls will be maintained to blend the appearance of the new improvements. The only
proposed man-made slope is located adjacent to the semi-circular driveway, There is an
existing extreme slope(greater than 35%)that will be re-contoured to accommodate the
new driveway and hillside surrounding the driveway. The new contours will continue to
follow the natural appearance of the existing sloping lot.
E The grading and related construction is compatible with the immediate neighborhood
character. The new residence will be proportional to the neighboring residences,
therefore keeping with the original character, style and setting of the neighborhood.
While the square footage of the new residence is larger than the average of the 20
closest homes, the square footage of the new residence will not exceed the largest
existing home (12,819 square feet) and will bejust above the second largest home in the
neighborhood (11,318 square feet). With regard to bulk and mass, the proposed
improvements would not be significant, due to the single-story configuration of the
proposed home as seen from Palos Verdes Drive West and a typical two-story elevation
as seen from the east side of Marguerite Drive. The orientation, configuration and scale
of the new home would be in-line with the other residences in the neighborhood.
Additionally, although the neighborhood does not reflect one consistent architectural
type/style, the proposed architecture and materials proposed would be consistent with
the existing character of the immediate neighborhood. The applicant is proposing to
utilize Spanish-mission clay tile as the roof material and a smooth stucco finish across
the structure fagade. The applicant has also included a number of architectural accents,
such as multiple roof lines, undulating facades, arches, balconies, wrought iron
balustrades, and first and second story accent molding, to break up the potential impacts
of a large home, The majority of the homes in the neighborhood also display clay roof
materials and stucco siding with various accents to break up the appearance of bulk and
mass.
F The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence of
natural landscape or wildlife habitat on the property.
G. The grading conforms to the City's standards for grading on slopes, height of cut and fill
and height of retaining walls for two (2) of the three (3) proposed retaining walls. More
specifically, no finished slopes that exceed 35%will be created. In fact, the applicant is
re-contouring, a small portion of the lot, adjacent to the new driveway, to reduce the slope
percentage below 35%. The project does not include any grading on a slope that
exceeds 50%, The construction of the residence and the lowering of the finished grade
on the downsloping lot will require a maximum cut of 8'-12' in order to accommodate the
residence which is reasonable, necessary and the best alternative for the construction of
P.C. Resolution No. 2014-09
Page 5 of 13
a new home an a downslope lot that is compatible with the surrounding neighborhood
and protects views of the ocean from Palos Verdes Drive West,
H, Although a 6'-0" tall upslope retaining wall exceeds the allowable heights for upslope
retaining walls on a single-family residential lot, the Planning Commission finds that the
south side yard retaining wall would provide a reasonable development of land as noted
in Section 17.76,040 of the Municipal Code, Approving the deviation to the grading
standards allows the applicant to provide a retaining wall that would help support the rear
and side yard of the property. Further, retaining walls are commonly found within the
hillside neighborhood and approval of the retaining wall that exceeds T-6" would not
constitute a special privilege with the limitations upon other properties in the vicinity due
to the hillside topography. Additionally, the retaining wall cannot be seen from other
neighboring properties or the public right-of-way. Lastly, the retaining wall and grading
would not be detrimental to the public safety, nor to other property as the City's
geotechnical consultant has reviewed and approved a soil engineering report,
1. Pursuant to Section 17.76.040(E)(1 0)(e) of the RPV Municipal Code, the City is required
to notify all owners of property adjacent to the subject property whenever a grading
permit is granted for development in excess of that permissible under Section
17.76.040(E)(9) of the RPV Municipal Code,As such, a Notice of Decision will be sent to
the following adjacent property owners: 1) Lunada Pointe Homeowners Association 160
Laurel Drive/Rancho Palos Verdes, CA 90275, 2)Stiassni Family/3400 Palos Verdes
Drive West/Rancho Palos Verdes, CA 90275, 3) Marcel and Irmgard Bond/3333 Palos
Verdes Drive West/ Rancho Palos Verdes, CA 90275, and 4) Marcos Ehab/7416 Via
Lorado/ Rancho Palos Verdes, CA 90275.
Section 3: The Planning Commission finds that the proposed project complies with
the performance criterion listed the Natural Overlay Control District(OC-1) of Chapter 17.40 of
the RPV Municipal Code and the application can be approved because:
A. The project would not affect the land and water areas necessary for the survival of
valuable land and marine-based wildlife and vegetation as no protected vegetation or
wildlife has been found on the subject property. The proposed residence will be located
on a lot that was previously developed with a single-family residence prior to the City's
incorporation. As noted in the grading findings, the proposed grading outside of the
construction of the residence and access is minimal and will follow the contours of the
existing land, with the exception of one small area (less than 10% of the lot area) in the
south side yard where a 6'40" tall retaining wall will be located,
B. The project will not alter the course, carrying capacity or gradient of any natural
watercourse or drainage course which can be calculated to over one hundred cubic feet
per second once in every ten years. The project is not located within a flood zone and
will be reviewed by the Building and Safety Division to ensure that drainage does not
affect other properties. Furthermore, there is no water body spring or related natural
spreading area of greater than one acre.
P.C. Resolution No. 2014-09
Page 6 of 13
C. The project will require review and approval of a drainage plan and NPDES approval
prior to issuance of a Building Permit, thereby ensuring that storm drainage and erosion
control will not affect the water quality of both urban runoff and natural water bodies.
Section 4: The Planning Commission finds that the proposed project complies with
the performance criterion listed in the Socio-Cultural Overlay Control District(CC-2) of Chapter
17.40 of the RPV Municipal Code and the application can be approved because:
A. The subject property was previously developed with a single-family residential dwelling
and ancillary improvements prior to the City's incorporation and is not known to have any
significant historical, scientific, educational or cultural importance, and is zoned for
residential use. The property is listed as a potential area for archaeological and
paleontological significance. As such, the property ownerwill be required to submitto the
City a Phase 1 archaeological study and retain a qualified paleontologist and
archeologist to be on site during all rough operations. In the event undetected buried
cultural resources are encountered during grading and excavation,work will be required
to stop, or be diverted from the resource area, and the archeologist and/or paleontologist
will be required to evaluate the remains and propose appropriate mitigation measures,
All "finds" will be required to be reported immediately to the Community Development
Director and are to be first offered to the City for preservation.
Section 5: The Planning Commission finds that the proposed project complies with
the performance criterion listed the Urban Appearance Overlay Control District (OC-3) of
Chapter 17,40 of the RPV Municipal Code and the application can be approved because;
A. The proposed residence is located on a legal, downsloping single-family residential lot
which can accommodate the construction of a home with a 16730' building height
envelope. The project is not located within a view corridor as designated by the Coastal
Specific Plan of the City, Furthermore, the project has been designed to mitigate impacts
to views as seen from Palos Verdes Drive West by providing a large front yard setback
and ridgeline below what could be building"by-right" on a downsloping lot. Furthermore,
the property is located just south of a large open space area that provides ocean views
for pedestrians and drivers along Palos Verdes Drive West Construction of a new home
on the previously developed property would not significantly affect the ocean views as
seen from Palos Verdes Drive West, Furthermore, the applicant is grading down to
accommodate the construction of the residence and following the natural contours to
grade the yard areas within the front and rear yard of the home.
Section 6: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting
forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following February
11, 2104, the date of the Planning Commission's final action,
P.C. Resolution No. 2014-09
Page 7 of 10
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a Site Plan
Review and Grading Permit(Planning Case No. ZON2012-00141),which is consistentwith the
California Coastal Commission Coastal Development Permit No. A-5-RPV-12-350,to allowthe
construction of a new,two-story single-family home and associated grading and retaining walls,
located at 3344 Palos Verdes Drive West, subject to the conditions of approval in the attached
Exhibit"A',
PASSED, APPROVED, AND ADOPTED this 11th day of February 2014, by the following vote'.
AYES: Commissioners Lewis, Nelson and Vice Chairman Leon
NOES: Commissioner Tetreault
ABSTENTIONS: None
RECUSALS: None
rf
ABSENT: Commissioners Gerstner, Tomblin,
and Chairman Emenhiser
David Emenhiser
Chairman
Joel Roja A P
Commun, y velopm Director
Director
P,C. Resolution No, 2014- 09
Page 8 of 13
EXH|B[TYY
CONDITIONS DFAPPROVAL FOR
REVISION TOGRADING PERMIT AND SITE PLAN REVIEW
PLANNING CASE NO. Z[JN2012'OO141
(P(hosla, 3344Palos Verdes Drive West)
General Conditions
1 phnr to the submittal of plans into Building and Safety plan chenb, the applicant and the
property owner ehe|} submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions ofapproval contained {nthis Resolution. Failure to
provide said written statement within ninety(QO)days following the date mfthis approval shall
render this approval null and void.
2� Prior to conducting any work in the public right of way, such as for curb outo, durnpsteny,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Pmb§cVVnrho.
3. Approval of this permit shall not be construed as waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations. Um|eaa
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply,
4. The Community Development Director is authorized to make minor modifications tothe
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans and
conditions. {}themviue, any substantive change to the project shall require approval of
revision by the final body that approved the original project, which may require new and
separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height.
setback and lot coverage standards.
O. Failure to comply with and adhere to a\/ of these conditions of approval may be cause to
revoke the approval ofthe project pursuant to the revocation procedures contained in
Section 17.88,0GUmfthe City's Municipal Code.
7� If the applicant has not submitted an application for a building permit for the approved
project mrnot commenced the approved project asdescribedinGeot|on 17.86.07Oofthe
City's Municipal Code within one year of the final effective date of this Resolution, approval
of the project shall expire and be of no further effect uniooa, prior to empineUon, n written
request for extension is filed with the Community Development Department and approved by
the Oinaoiwr.
& In the event that any of these conditions conflict with the recommendations and/or
P.C. Resolution No, 2014-09
Page 9 of 13
requirements of another permitting agency or City department, the stricter standard shall
apply,
9. Unless otherwise designated in these conditions, ail construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution,
10. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited to:
the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth,
salvage materials, abandoned or discarded furniture,appliances or other household fixtures.
11. Permitted hours and days for construction activity are 7-00 AM to 7:00 PM, Monday through
Saturday, with no construction activity permitted on Sundays or on the legal holidays
specified in Section 17.96,920 of the Rancho Palos Verdes Development Code, Trucks
shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way
before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of
construction stated in this condition.
12. Unless modified by the approval of future planning applications,the approved project shall
maintain a maximum of 25% lot coverage (24.9% proposed).
13. The approved residence shall maintain setbacks of 20' front (59'-11/4" proposed to
residence), 15'rear(71'-71/4"proposed),5'north side(21'-51/4"proposed to residence)and 5'
east side (10'-0" proposed). BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms inspection.
14. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed
50%.
15. A minimum 3-car garage shall be maintained, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9"in width and
Win depth, with minimum Tvertical clearance.
16. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of
the Rancho Palos Verdes Development Code, No outdoor lighting is permitted where the
light source is directed toward or results in direct illumination of a parcel of property or
properties other than that upon which such light source is physically located.
17. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
18. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of the City's
Building Official and shall be placed in a location that will minimize disturbance to the
surrounding property owners.
P.C. Resolution No. 2014-09
Page 10 of 13
19, Prior to the issuance of building pennite, the applicant shall demonstrate the project's
compliance with the South Coast Air Quality Management District Rule 445 and the City
Municipal Code requirements regarding wood-burning devices,
24. This approval is for a 10,382 square-foot, 2-story single-family residence and a 977 square-
foot4-car garage. BUILDING AREA CERTIFICATION REQD}RED, to be provided by a
licensed land surveyor orcivil engineer prior Lubuilding permit final.
25. PRIOR TOISSUANCE OFABUILDING PERMIT,the applicant shall nubmnittothe City the
elevation above sea level of the "viewing station" as defined by California Coastal
Commission Coastal Development pennh No. A-5-RPV-12-350. Said elevation shall be
provided byalicensed land surveyor orcivil engineer.
26� The maximum main hdge|ine ofthe approved project is 272.50' BUILDING HEIGHT
CERTIFICATION REQUIRED, tnbeprovided byalicensed land surveyor nrcivil engineer
prior toroof sheathing inspection. The peak ofthe two circular covered patios atthe front of
the residence shall not exceed anelevation of272.D5`Additionally, prior tothe framing of
walls, mFINISHED FLOOR ELEVATION CERTIFICATION shall baprovided byalicensed
land surveyor or civil engineer, showing the lowest finished floor elevation of 247,239' and
lowest finished grade elevation adjacent to the structure elevation as 246.90' The overall
ridgeline of this residence shall be subject to approval by the California Coastal Commission
pursuant to the conditions stipulated in Coastal Development Permit No, A-5-RPV-1 2-350,
27. If at any time in the future, the California Comnfm| Conncn|aaion deletes Sections B or of
Special Condition No,3ofthe Co|NbrniaCoastal Commission's Coastal Development Permit
No. A-5-RPV-12-350. the City's Community Development Director shall ensure that the
residence shall not extend higher into the ocean view than amdepicted onthe photograph
referred to inSpecial Condition No. 2(13).
28. The proposed chimmey(m) may project apnoximnumof2' |ntoanynaqulredsetback. andshaU
not exceed the minimum height required for compliance with the Uniform Building Code.
20 All utility lines installed to service the building shall be placed underground from an existing
power pole or other point of connection off-site prior to certificate of occupancy.
30. This approval includes ototal of3,88Ocubic yards ofgrading (3.884cubic yards cfcut and
98cubic yards offill,
31, The following three (3) retaining walls are approved-,
a A downslope retaining wall located in the rear yard ranging in height from 2'-0"to 3'-
0" in overall height,
b. A5'-0"tall ups!ope retaining wall located adjacent tothe proposed driveway
C. A 3'-0"to 6'-0"tall ups]ope retaining vveU located along the south side property line
All other planter walls shall not exceed a maximum height of 2'-11" and shall be located at
least 3"-0"from any other walls.
R(|. FYes0|UboO No. 2014-09
Page 11 of 13
32. The applicant mhoU provide and maintain landscaping to screen the 3'-6` tall downslope
retaining wall.All landscaping shall be installed and approved bythe Director priorto final on
the building permit for the residence.
33, The property owner shall comply with Chapter 15.34 (Water Efficient Landscaping) of the
City'aMunicipa| CndePriortoiusuan000faBui|dingPenrit. theapp|icerdahaUuubnniLend
obtain approval of a Landscape Documentation Package as defined by Chapter 15.34. Said
package shall be reviewed by the Cdv`e landscaping consultant and approved by the
Community Development Director, The Landscape Documentation Package nho|| be
prepared and signed by a landscape architect,landscape designer, or irrigation designer, as
appropriate,except that the soil management report shall beprepared bymqualified soil and
plan |aboredory. The applicant is responsible for paying for the review by the City's
Landscape Consultant.
34. The property owner shall be prohib<ted from the use of herbicides to control or kill vegetation.
35. Prior to the inamanog of a Grading Perrn/t, the applicant shall conduct o Phase 1
archaeological survey of the property.The survey results shall be provided to the Community
Development Director or his/her designee for review prior to grading permit issuance.
36. If the results of the Phase 1 archaeological survey identify the potential existence of
archaeological and/or paleontological resources, prior tothe commencement ofgrading,the
applicant shall retain a qualified paleontologist and archeologist to be on site during all rough
operations. Qualifications of the archaeologist and paleontologist ahW| be reviewed and
approved by the Community Development Director prior to issuance of a Grading Permit. In
the event undetected buried cultural resources are encountered during grading and
excavation, work shall be halted ordiverted from the resource area and the archeologist
mod/o/ paleontologist shall evaluate the remains and propose appropriate nniUQoOon
measures,All"finds"shall be reported immediately to the Community Development Director,
All archaeological and paleontological finds shall be first offered to the City for preservation.
37. The applicant shall not use any portion of the proposed residence as a second dwelling unit
without obtaining the appropriate Planning and Building Permits. Prior to issuance of a
certificate ofoccupancy for the construction of the new reeidence, a covenant shall be
recorded with the country recorder as a covenant running with the land prohibiting the use of
amgcond dwelling unit without further planning review and approval. Said covenant shall be
reviewed and approved by the Planning Department prior to recordation, and shall prohibit
the use ofmore than one cooking fooiUty on the property unless approval ofmSecond
Dwelling Unit is approved by the Community Development Department, Acooking facility
includes a stove, oven, range, or any other built-in appliance related to food preparation.
38. Prior to the issuance of Building Pornnit, the applicant shall provide a hydrology study
prepared bymqualified civil engineer and approved bythe City Engineer. The report shall
include dshmU drainage conveyance system, including applicable on-olhm, of-ade, and
street flows, which will allow the building site to be safe from inundation by rainfall runoff
from the roadway which may be expected from all storms, uptoand including the theoretical
1QQ-yearflood.
P.C. Resolution No, 2014-09
Page 12 of 13
39, All damaged curb and gutter, sidewalk, trails, and asphalt in front of the proposed home
must be removed and replaced in kind to the satisfaction of the Director of Public Works.
40. Prior to issuance of any grading permit, the City's NPDES consultant shall review and
approve the project to ensure that the project will comply with all applicable requirements for
the control and treatment of erosion and run-off from the project site.
41. All lot corners shall be referenced with permanent survey markers in accordance with the
City's Municipal Code,
42, Subject to review and approval by the Director of Public Works, prior to final certificate of
use and occupancy, the following items shall be addressed:
a) All existing improvements in the PROW adjacent to the subject location (Coastal
Trail Improvements) must be protected in place and/or restored to a condition of new
as a result of the project,
b) Any other requirements made by the Public Works Department in reviewing the
construction plans and issuance of a public works encroachment permit,
G) No above-ground utilities permitted in the Public Right of Way
d) All utilities must be outside of the driveway approach (minimum 2 feet away from the
driveway edge)
e) Only cement concrete allowed for driveway extension into the public right of way.
0 Proposed driveway approach must be constructed in accordance with APWA Std.
Plan 110-0 and the City's requirements.
P.C. Resolution No, 2014-09
Page 13 of 13